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(영문) 서울행정법원 2020.03.27 2019구합73406
가설건축물존치기간 연장신고 반려처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is a company that engages in housing construction business, construction business, etc.

A Housing Redevelopment and Improvement Project Association (Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City 23,710 square meters as a project implementation district) has been authorized to implement a housing redevelopment and rearrangement project on June 14, 2012 by the defendant.

On January 2014, the Plaintiff filed a report on the construction of a temporary building with the purport that “to construct a temporary building with a building area of 767 square meters and a total floor area of 1,274 square meters on the land of 3,515.6 square meters in Seoul Special Metropolitan City, Nowon-gu, as a model house for the tenant of a housing redevelopment improvement project in B area.”

Accordingly, on January 23, 2014, the Defendant accepted the above report with the retention period until June 9, 2015, and the Plaintiff constructed a temporary building at that time as reported.

(hereinafter “instant temporary building.” On June 8, 2015, the Defendant extended the retention period of the instant temporary building by June 9, 2016 according to the Plaintiff’s report of extension of retention period of the temporary building.

On June 25, 2015, the Housing Redevelopment Project Association approved the invitation of occupants on June 25, 2015, and on June 27, 2015, it opened a model house for the invitation of occupants on the instant temporary building.

On October 28, 2015, the Housing Redevelopment Project Association obtained the approval of additional recruitment of occupants, and the Defendant extended the retention period of the instant temporary building by June 9, 2018 according to the Plaintiff’s report on extension of the retention period of the temporary building on June 7, 2016.

Meanwhile, on May 31, 2017, the District Housing Association Promotion Committee (hereinafter “instant Promotion Committee”) opened a public relations center for the recruitment of union members on the instant temporary building on July 14, 2017.

On June 19, 2018, the Defendant extended the retention period of the instant temporary building by May 30, 2019 according to the Plaintiff’s report on extension of retention period of the temporary building.

The defendant shall make the plaintiff on April 10, 2019.

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